Need urgent help on tenant water damage issue - FL

[Jacob Camilliere]

Hello all, 

I need some urgent advice on how to handle a situation that i am currently in.

The situation: I own a townhome in Tampa, FL with tenants that have been great. They informed me of a plumbing problem on Friday night in which the drains were blocked and toilets were not working on the second floor. I immediately called a plumber and they were scheduled to arrive this evening (Saturday). The situation at this point had been under control, seemed like just a drainage block, no big deal... 

Saturday morning rolls around and the tenants call me to let me know that one of them had showered in one of the upstairs showers late Friday night, and when they woke up this morning (saturday) there was massive amount of water that had been backed up in the other shower and was all over the bathroom and hallways floors. The situation continued to get worse as the water soaked into the floors, and through the walls and ceilings into the first floor. I immediately called a restoration specialist to take a look at the problem and it was quite severe. A 'Category 3' water issued where the water that had leaked everywhere was sewage water containing fecal matter, etc. The entire carpet, baseboards, bathroom tiles, floorboards in the second floor need to be teared out in addition to the ceiling and wall on the first floor. The water clean up and tear down estimate is expected to be around $5k-$7k plus the cost of the plumber to fix the blocked drain. At this point I am just trying to get all the water and damaged areas taken care of as soon as possible. I have contracted the restoration specialists at this point only to remove the water, install de-humidifying equipment, and antimicrobial sprays. i can do tear out the damaged material myself. The plumber also identified the issue and will be fixing it tomorrow morning. His camera 'broker' so i told him to come back tomorrow morning with a camera as it is crucial i identify what the exact cause of the blockage was. 

What recourse do have with respects to my tenants bearing the cost of the damage? What should i be doing to best protect myself in this situation? I use the BP lease template and there is a very clear section of the lease that states the tenants 'shall be responsible for all costs related to any repair or maintenance of any plumbing stopped or slow down caused by Tenant, whether accidental or purposeful'. 

this is my first rental property and the first time i am dealing with a situation of this magnitude. What should i do? Any and all guidance would be appreciated. 

thanks,

[George Azita]

I am a plumbing contractor, deal with many landlords and I hate it when landlords blame plumbing problems on their tenants. No less than once every week, landlords ask me to tell them what I find in a tenant's drain and I always tell the landlord I can't do that because the crap goes down the drain or sewer when I clean them. Just because hair is found inside a clogged drain the clog is not the tenant's fault when they rent a unit with ancient plumbing that was 99% clogged the day they moved in. the poor drainage system snags the hair and there is nothing the poor tenant can do to prevent the drain from clogging. Landlords accuse tenant of clogging drains when they put baby wipes and feminine napkins in toilets, but those items are supposed to be flushed through toilets and when the pipes are in good condition those items will not clog the drain system. So, when the drains clog it is the landlord's fault and not the tenants'.

The problem I see is it is almost impossible for a tenant to cause a drain or sewer to clog when the pipes are in good condition. The hole inside the toilet bowl is about 2 inches in diameter and everything that goes through that 2 inch hole will absolutely go through a 3 or 4 inch sewer pipe when the pipes are in good  condition. But, when landlords rent units with crappy piping the landlords are prone to putting the blame for all clogs on their tenants and the same goes for shower drains, tub drains and bathroom and kitchen sinks.

A high percent of tenants rent units from landlords because tenants don't want to have to deal with plumbing issues nor do they want to have to deal with expensive maintenance issues. So, to accommodate the tenants wants and needs it should be the landlord's problem to pay for cleaning drains, sewers and making all repairs with the exception of when a tenant grossly and purposely is the cause for maintenance problems and even then I give every tenant the benefit of any doubt.

It sound to me like you have a crappy plumbing system and a sewer pipe somewhere in between the floor clogged and sewer clogs equally for homeowners and tenants regardless of how careful homeowners and tenant try to stop them from clogging. It sounds like you have a routine maintenance problem and should not be anxious to jump all over your tenant just because you are angry about having to pay to maintain YOUR PROPERTY that is not your tenant's property.

It seems to me that you should have insurance company and have your insurance take care of the cleanup and any damage.